LAKSHMI DEVI Vs. LAKSHMIDEVI

JUDGEMENT

(1.) In a suit for partition instituted by the first respondent against respondent Nos.2 to 5 (who were her siblings), an application was filed by the petitioners along with respondent Nos.6 to 8 seeking to implead themselves. A plea was sought to be set up that the first respondent's father and the petitioners' father were brothers and therefore, they were necessary and proper parties.

(2.) The Trial Court has however rejected the said contention on the ground that there were contradictory pleas in the very affidavit which indicated that there was an earlier partition between the father of the petitioners and the father of the first respondent.

(3.) In my view, since the petitioners contend that there exists joint family comprising of themselves and respondent Nos.1 to 5, it would be open for them to file a separate suit for partition and since the present suit for partition has been filed only amongst the siblings of one branch, they would not be necessary and proper parties. I therefore find no reason to entertain this writ petition.